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[109th Congress Public Law 103]
[From the U.S. Government Printing Office]

[DOCID: f:publ103.109]

[[Page 119 STAT. 2247]]

Public Law 109-103
109th Congress

                                 An Act

 
 Making appropriations for energy and water development for the fiscal 
year ending September 30, 2006, and for other purposes. <<NOTE: Nov. 19, 
                         2005 -  [H.R. 2419]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Energy and Water 
Development Appropriations Act, 2006.>> That the following sums are 
appropriated, out of any money in the Treasury not otherwise 
appropriated, for the fiscal year ending September 30, 2006, for energy 
and water development and for other purposes, namely:

                                 TITLE I

                        CORPS OF ENGINEERS--CIVIL

                         DEPARTMENT OF THE ARMY

                        Corps of Engineers--Civil

    The following appropriations shall be expended under the direction 
of the Secretary of the Army and the supervision of the Chief of 
Engineers for authorized civil functions of the Department of the Army 
pertaining to rivers and harbors, flood control, shore protection and 
storm damage reduction, aquatic ecosystem restoration, and related 
purposes.

                             investigations

    For expenses necessary for the collection and study of basic 
information pertaining to river and harbor, flood control, shore 
protection and storm damage reduction, aquatic ecosystem restoration, 
and related projects, restudy of authorized projects, miscellaneous 
investigations, and, when authorized by law, surveys and detailed 
studies and plans and specifications of projects prior to construction, 
$164,000,000, to remain available until expended: Provided, That, 
notwithstanding any other provision of law, within the funds provided 
under this heading, $1,000,000 shall be available for planning 
assistance to the state of Ohio for Stark County watershed basin 
study: <<NOTE: Reports. Deadlines.>> Provided further, That using 
$8,000,000 of the funds provided herein, the Secretary of the Army, 
acting through the Chief of Engineers, is directed to conduct a 
comprehensive hurricane protection study at full Federal expense to 
develop and present a full range of flood, coastal and hurricane 
protection measures exclusive of normal policy considerations for south 
Louisiana and the Secretary shall submit a feasibility report for short-
term

[[Page 119 STAT. 2248]]

protection within 6 months of enactment of this Act, interim protection 
within 12 months of enactment of this Act and long-term comprehensive 
protection within 24 months of enactment of this Act: Provided further, 
That the Secretary shall consider providing protection for a storm surge 
equivalent to a Category 5 hurricane within the project area and may 
submit reports on component areas of the larger protection program for 
authorization as soon as practicable: <<NOTE: Louisiana.>> Provided 
further, That the analysis shall be conducted in close coordination with 
the State of Louisiana and its appropriate agencies.

                              construction

    For expenses necessary for the construction of river and harbor, 
flood control, shore protection and storm damage reduction, aquatic 
ecosystem restoration, and related projects authorized by law; for 
conducting detailed studies, and plans and specifications, of such 
projects (including those involving participation by States, local 
governments, or private groups) authorized or made eligible for 
selection by law (but such detailed studies, and plans and 
specifications, shall not constitute a commitment of the Government to 
construction); $2,372,000,000, to remain available until expended; of 
which such sums as are necessary to cover the Federal share of 
construction costs for facilities under the Dredged Material Disposal 
Facilities program shall be derived from the Harbor Maintenance Trust 
Fund as authorized by Public Law 104-303; and of which such sums as are 
necessary pursuant to Public Law 99-662 shall be derived from the Inland 
Waterways Trust Fund, to cover one-half of the costs of construction and 
rehabilitation of inland waterways projects, (including the 
rehabilitation costs for Lock and Dam 11, Mississippi River, Iowa; Lock 
and Dam 19, Mississippi River, Iowa; Lock and Dam 24, Mississippi River, 
Illinois and Missouri; Lock 27, Mississippi River, Illinois; and Lock 
and Dam 3, Mississippi River, Minnesota) shall be derived from the 
Inland Waterways Trust Fund; and of which $12,000,000 shall be 
exclusively for projects and activities authorized under section 107 of 
the River and Harbor Act of 1960; and of which $500,000 shall be 
exclusively for projects and activities authorized under section 111 of 
the River and Harbor Act of 1968; and of which $7,000,000 shall be 
exclusively for projects and activities authorized under section 103 of 
the River and Harbor Act of 1962; and of which $40,000,000 shall be 
exclusively available for projects and activities authorized under 
section 205 of the Flood Control Act of 1948; and of which $15,000,000 
shall be exclusively for projects and activities authorized under 
section 14 of the Flood Control Act of 1946; and of which $300,000 shall 
be exclusively for projects and activities authorized under section 208 
of the Flood Control Act of 1954; and of which $30,000,000 shall be 
exclusively for projects and activities authorized under section 1135 of 
the Water Resources Development Act of 1986; and of which $30,000,000 
shall be exclusively for projects and activities authorized under 
section 206 of the Water Resources Development Act of 1996; and of which 
$5,000,000 shall be exclusively for projects and activities authorized 
under sections 204 and 207 of the Water Resources Development Act of 
1992 and section 933 of the Water Resources Development Act of 1986: 
Provided, That the Chief of Engineers is directed to use $11,250,000 of 
the funds appropriated herein for the Dallas Floodway Extension, Texas, 
project, including the Cadillac Heights

[[Page 119 STAT. 2249]]

feature, generally in accordance with the Chief of Engineers report 
dated December 7, 1999: Provided further, That the Chief of Engineers is 
directed to use $1,500,000 of the funds provided herein for the Hawaii 
Water Management Project: Provided further, That the Chief of Engineers 
is directed to use $13,000,000 of the funds appropriated herein for the 
navigation project at Kaumalapau Harbor, Hawaii: Provided further, That 
the Chief of Engineers is directed to use $4,000,000 of the funds 
provided herein for the Dam Safety and Seepage/Stability Correction 
Program for seepage control features and repairs to the tainter gates at 
Waterbury Dam, Vermont: Provided further, That $600,000 of the funds 
provided herein for the Dam Safety and Seepage/Stability Correction 
Program shall be available for Dover Dam, Ohio: Provided further, That 
the Chief of Engineers is directed to use $9,500,000 of the funds 
appropriated herein for planning, engineering, design or construction of 
the Grundy, Buchanan County, and Dickenson County, Virginia, elements of 
the Levisa and Tug Forks of the Big Sandy River and Upper Cumberland 
River Project: Provided further, That the Chief of Engineers is directed 
to use $5,600,000 of the funds appropriated herein for planning, 
engineering, design or construction of the Lower Mingo County, Upper 
Mingo County, Wayne County, McDowell County, West Virginia, elements of 
the Levisa and Tug Forks of the Big Sandy River and Upper Cumberland 
River Project: Provided further, That the Chief of Engineers is directed 
to continue the Dickenson County Detailed Project Report as generally 
defined in Plan 4 of the Huntington District Engineer's Draft Supplement 
to the section 202 General Plan for Flood Damage Reduction dated April 
1997, including all Russell Fork tributary streams within the County and 
special considerations as may be appropriate to address the unique 
relocations and resettlement needs for the flood prone communities 
within the County: Provided further, That the Secretary of the Army, 
acting through the Chief of Engineers, is directed to use $16,000,000 of 
the funds appropriated herein for the Clover Fork, City of Cumberland, 
Town of Martin, Pike County (including Levisa Fork and Tug Fork 
Tributaries), Bell County, Harlan County in accordance with the Draft 
Detailed Project Report dated January 2002, Floyd County, Martin County, 
Johnson County, and Knox County, Kentucky, detailed project report, 
elements of the Levisa and Tug Forks of the Big Sandy River and Upper 
Cumberland River: Provided further, That the Chief of Engineers is 
directed to proceed with work on the permanent bridge to replace Folsom 
Bridge Dam Road, Folsom, California, as authorized by the Energy and 
Water Development Appropriations Act, 2004 (Public Law 108-137), and, of 
the $15,000,000 available for the American River Watershed (Folsom Dam 
Mini-Raise), California, project, $10,000,000 of those funds be directed 
for the permanent bridge, with all remaining devoted to the Mini-Raise: 
Provided further, That $300,000 is provided for the Chief of Engineers 
to conduct a General Reevaluation Study on the Mount St. Helens project 
to determine if ecosystem restoration actions are prudent in the Cowlitz 
and Toutle watersheds for species that have been listed as being of 
economic importance and threatened or endangered: Provided further, That 
$35,000,000 shall be available for projects and activities authorized 
under 16 U.S.C. 410-r-8: Provided further, That the Secretary is 
directed to use $2,000,000 of the funds appropriated herein to provide a 
grant to the City of Caliente, Nevada, for the City

[[Page 119 STAT. 2250]]

to expend for the purpose of purchasing construction equipment to be 
used by the City in constructing local flood control measures.

 flood control, mississippi river and tributaries, arkansas, illinois, 
        kentucky, louisiana, mississippi, missouri, and tennessee

    For expenses necessary for the flood damage reduction program for 
the Mississippi River alluvial valley below Cape Girardeau, Missouri, as 
authorized by law, $400,000,000, to remain available until expended, of 
which such sums as are necessary to cover the Federal share of operation 
and maintenance costs for inland harbors shall be derived from the 
Harbor Maintenance Trust Fund: Provided, That the Chief of Engineers is 
directed to use $20,000,000 of the funds provided herein for design and 
real estate activities and pump supply elements for the Yazoo Basin, 
Yazoo Backwater Pumping Plant, Mississippi: Provided further, That the 
Secretary of the Army, acting through the Chief of Engineers is directed 
to use $9,000,000 appropriated herein for construction of water 
withdrawal features of the Grand Prairie, Arkansas, project, of which 
such sums as are necessary to cover the Federal share of operation and 
maintenance costs for inland harbors shall be derived from the Harbor 
Maintenance Trust Fund.

                        operation and maintenance

    For expenses necessary for the operation, maintenance, and care of 
existing river and harbor, flood and storm damage reduction, aquatic 
ecosystem restoration, and related projects authorized by law; for 
providing security for infrastructure owned and operated by, or on 
behalf of, the United States Army Corps of Engineers (the ``Corps''), 
including administrative buildings and facilities, laboratories, and the 
Washington Aqueduct; for the maintenance of harbor channels provided by 
a State, municipality, or other public agency that serve essential 
navigation needs of general commerce, where authorized by law; and for 
surveys and charting of northern and northwestern lakes and connecting 
waters, clearing and straightening channels, and removal of obstructions 
to navigation, $1,989,000,000, to remain available until expended, of 
which such sums to cover the Federal share of operation and maintenance 
costs for coastal harbors and channels, and inland harbors shall be 
derived from the Harbor Maintenance Trust Fund, pursuant to Public Law 
99-662 may be derived from that fund; of which such sums as become 
available from the special account for the Corps established by the Land 
and Water Conservation Act of 1965, as amended (16 U.S.C. 460l-6a(i)), 
may be derived from that account for resource protection, research, 
interpretation, and maintenance activities related to resource 
protection in the areas at which outdoor recreation is available; and of 
which such sums as become available under section 217 of the Water 
Resources Development Act of 1996, Public Law 104-303, shall be used to 
cover the cost of operation and maintenance of the dredged material 
disposal facilities for which fees have been collected: Provided, That 
utilizing funds appropriated herein, for the Intracoastal Waterway, 
Delaware River to Chesapeake Bay, Delaware and Maryland, the Chief of 
Engineers, is directed to reimburse the State of Delaware for normal 
operation and maintenance costs incurred by the State of Delaware for 
the SR1 Bridge from station 58+00 to station

[[Page 119 STAT. 2251]]

293+00 between October 1, 2005, and September 30, 2006: Provided 
further, That the Chief of Engineers is authorized to undertake, at full 
Federal expense, a detailed evaluation of the Albuquerque levees for 
purposes of determining structural integrity, impacts of vegetative 
growth, and performance under current hydrological conditions: Provided 
further, That using $275,000 provided herein, the Chief of Engineers is 
authorized to remove the sunken vessel State of Pennsylvania from the 
Christina River in Delaware.

                           regulatory program

    For expenses necessary for administration of laws pertaining to 
regulation of navigable waters and wetlands, $160,000,000, to remain 
available until expended.

                             revolving fund

    None of the funds in title I of this Act or otherwise available to 
the Corps of Engineers shall be available for the rehabilitation and 
lead and asbestos abatement of the dredge McFarland.

             formerly utilized sites remedial action program

    For expenses necessary to clean up contamination from sites in the 
United States resulting from work performed as part of the Nation's 
early atomic energy program, $140,000,000, to remain available until 
expended.

                            general expenses

    For expenses necessary for general administration and related civil 
works functions in the headquarters of the United States Army Corps of 
Engineers, the offices of the Division Engineers, the Humphreys Engineer 
Center Support Activity, the Institute for Water Resources, the United 
States Army Engineer Research and Development Center, and the United 
States Army Corps of Engineers Finance Center, $154,000,000, to remain 
available until expended: Provided, That no part of any other 
appropriation provided in title I of this Act shall be available to fund 
the civil works activities of the Office of the Chief of Engineers or 
the civil works executive direction and management activities of the 
division offices: Provided further, That the Secretary is directed to 
use $4,500,000 of the funds appropriated herein to conduct, at full 
Federal expense and in close cooperation with state and local 
governments, comprehensive analyses that examine multi-jurisdictional 
use and management of water resources on a watershed or regional scale.

         office of assistant secretary of the army (civil works)

    For expenses necessary for the Office of Assistant Secretary of the 
Army (Civil Works), as authorized by 10 U.S.C. 3016(b)(3), $4,000,000.

                        administrative provision

    Appropriations in this title shall be available for official 
reception and representation expenses not to exceed $5,000; and during 
the current fiscal year the Revolving Fund, Corps of Engineers,

[[Page 119 STAT. 2252]]

shall be available for purchase not to exceed 100 for replacement only 
and hire of passenger motor vehicles.

              general provisions, corps of engineers--civil

    Sec. 101. (a) None of the funds provided in title I of this Act, or 
provided by previous appropriations Acts to the agencies or entities 
funded in title I of this Act that remain available for obligation or 
expenditure in fiscal year 2006, shall be available for obligation or 
expenditure through a reprogramming of funds that--
            (1) creates or initiates a new program, project, or 
        activity;
            (2) eliminates a program, project or activity;
            (3) increases funds or personnel for any program, project or 
        activity for which funds have been denied or restricted by this 
        Act;
            (4) proposes to use funds directed for a specific activity 
        by either the House or the Senate Committees on Appropriations 
        for a different purpose;
            (5) augments existing programs, projects or activities in 
        excess of $2,000,000 or 50 percent, whichever is less, unless 
        prior approval is received from the House and Senate Committees 
        on Appropriations;
            (6) reduces existing programs, projects or activities in 
        excess of $2,000,000 or 50 percent, whichever is less, unless 
        prior approval is received from the House and Senate Committees 
        on Appropriations; or
            (7) creates, reorganizes, or restructures a branch, 
        division, office, bureau, board, commission, agency, 
        administration, or department different from the budget 
        justifications submitted to the Committees on Appropriations or 
        the table accompanying the Statement of Managers accompanying 
        this Act, whichever is more detailed, unless prior approval is 
        received from the House and Senate Committees on Appropriations.

    (b) Subsection (a)(1) shall not apply to any project or activity 
authorized under section 205 of the Flood Control Act of 1948; section 
14 of the Flood Control Act of 1946; section 208 of the Flood Control 
Act of 1954; section 107 of the River and Harbor Act of 1960; section 
103 of the River and Harbor Act of 1962; section 111 of the River and 
Harbor Act of 1968; section 1135 of the Water Resources Development Act 
of 1986; section 206 of the Water Resources Development Act of 1996; 
sections 204 and 207 of the Water Resources Development Act of 1992 or 
section 933 of the Water Resources Development Act of 1986.
    (c) <<NOTE: Deadline. Reports.>> Not later than 60 days after the 
date of enactment of this Act, the Corps of Engineers shall submit a 
report to the Committees on Appropriations of the Senate and the House 
of Representatives to establish the baseline for application of 
reprogramming and transfer authorities for the current fiscal year: 
Provided, That the report shall include--
            (1) a table for each appropriation with a separate column to 
        display the President's budget request, adjustments made by 
        Congress, adjustments due to enacted rescissions, if 
        appropriate, and the fiscal year enacted level;
            (2) a delineation in the table for each appropriation both 
        by object class and program, project and activity as detailed in 
        the budget appendix for the respective appropriations; and

[[Page 119 STAT. 2253]]

            (3) an identification of items of special congressional 
        interest: Provided further, That the amount appropriated for 
        salaries and expenses of the Corps of Engineers shall be reduced 
        by $100,000 per day for each day after the required date that 
        the report has not been submitted to the Congress.

    (d) None of the funds received as a non-Federal share for project 
costs by any agency funded in title I of this Act shall be available for 
reprogramming.
    Sec. 102. <<NOTE: 33 USC 2221.>> Beginning in fiscal year 2006 and 
thereafter, agreements proposed for execution by the Assistant Secretary 
of the Army for Civil Works or the United States Army Corps of Engineers 
after the date of the enactment of this Act pursuant to section 4 of the 
River and Harbor Act of 1915, Public Law 64-291; section 11 of the River 
and Harbor Act of 1925, Public Law 68-585; the Civil Functions 
Appropriations Act, 1936, Public Law 75-208; section 215 of the Flood 
Control Act of 1968, as amended, Public Law 90-483; sections 104, 203, 
and 204 of the Water Resources Development Act of 1986, as amended, 
Public Law 99-662; section 206 of the Water Resources Development Act of 
1992, as amended, Public Law 102-580; section 211 of the Water Resources 
Development Act of 1996, Public Law 104-303; and any other specific 
project authority, shall be limited to total credits and reimbursements 
for all applicable projects not to exceed $100,000,000 in each fiscal 
year.

    Sec. 103. In order to protect and preserve the integrity of the 
water supply against further degradation, none of the funds made 
available under this Act and any other Act hereafter may be used by the 
Army Corps of Engineers to support activities related to any proposed 
new landfill in the Muskingum Watershed if such landfill--
            (1) has not received a permit to construct from the State 
        agency with responsibility for solid waste management in the 
        watershed;
            (2) has not received waste for disposal during 2005; and
            (3) is not contiguous or adjacent to a portion of a landfill 
        that has received waste for disposal in 2005 and each landfill 
        is owned by the same person or entity.

    Sec. 104. None of the funds appropriated in this or any other Act 
shall be used to demonstrate or implement any plans divesting or 
transferring any Civil Works missions, functions, or responsibilities of 
the United States Army Corps of Engineers to other government agencies 
without specific direction in a subsequent Act of Congress.
    Sec. 105. St. Georges Bridge, Delaware.--None of the funds made 
available in this Act may be used to carry out any activity relating to 
closure or removal of the St. Georges Bridge across the Intracoastal 
Waterway, Delaware River to Chesapeake Bay, Delaware and Maryland, 
including a hearing or any other activity relating to preparation of an 
environmental impact statement concerning the closure or removal.
    Sec. 106. <<NOTE: Applicability. Mississippi.>> Notwithstanding any 
other provision of law, the requirements regarding the use of continuing 
contracts under the authority of section 206 of the Water Resources 
Development Act of 1999 (33 U.S.C. 2331) shall apply only to projects 
funded under the Operation and Maintenance account and the Operation and 
Maintenance subaccount of the Flood Control, Mississippi River and 
Tributaries account.

[[Page 119 STAT. 2254]]

    Sec. 107. <<NOTE: Deadline. Reports.>> Within 75 days of the date of 
the Chief of Engineers Report on a water resource matter, the Assistant 
Secretary of the Army (Civil Works) shall submit the report to the 
appropriate authorizing and appropriating committees of the Congress.

    Sec. 108. None of the funds made available in title I of this Act 
may be used to award any continuing contract or to make modifications to 
any existing continuing contract that commits an amount for a project in 
excess of the amount appropriated for such project pursuant to this Act: 
Provided, That the amounts appropriated in this Act may be modified 
pursuant to the authorities provided in section 101 of this Act or 
through the application of unobligated balances for such project.
    Sec. 109. <<NOTE: Deadline. Reports.>> Within 90 days of the date of 
enactment of this Act, the Assistant Secretary of the Army (Civil Works) 
shall transmit to Congress his report on any water resources matter on 
which the Chief of Engineers has reported.

    Sec. 110. Section 123 of Public Law 108-137 (117 Stat. 1837) is 
amended by striking ``in accordance with the Baltimore Metropolitan 
Water Resources-Gwynns Falls Watershed Feasibility Report'' and all that 
follows and inserting the following language in lieu thereof: ``in 
accordance with the Baltimore Metropolitan Water Resources Gwynns Falls 
Watershed Study--Draft Feasibility Report and Integrated Environmental 
Assessment prepared by the Corps of Engineers and the City of Baltimore, 
Maryland, dated April 2004. The non-Federal sponsor shall receive credit 
toward its share of project costs for work carried out by the non-
Federal sponsor prior to execution of a project cooperation agreement, 
if the Secretary determines that the work is integral to the project. 
The non-Federal sponsor may also receive credit for any work performed 
by the non-Federal sponsor pursuant to a project cooperation agreement. 
The non-Federal sponsor shall be reimbursed for any work performed by 
the non-Federal sponsor that is in excess of the non-Federal share of 
project costs.''.
    Sec. 111. None of the funds in this Act may be expended by the 
Secretary of the Army to construct the Port Jersey element of the New 
York and New Jersey Harbor or to reimburse the local sponsor for the 
construction of the Port Jersey element until commitments for 
construction of container handling facilities are obtained from the non-
Federal sponsor for a second user along the Port Jersey element.
    Sec. 112. Marmet Lock, Kanawha River, West Virginia. Section 
101(a)(31) of the Water Resources Development Act of 1996 (110 Stat. 
3666), is amended by striking ``$229,581,000'' and inserting 
``$358,000,000''.
    Sec. 113. Truckee Meadows Flood Control Project, Nevada.--The non-
Federal funds expended for purchase of lands, easements and rights-of-
way, implementation of project monitoring and assessment, and 
construction and implementation of recreation, ecosystem restoration, 
and water quality improvement features, including the provision of 6700 
acre-feet of water rights no later than the effective date of the 
Truckee River Operating Agreement for re-vegetation, reestablishment and 
maintenance of riverine and riparian habitat of the Lower Truckee River 
and Pyramid Lake, whether expended prior to or after the signing of the 
Project Cooperation Agreement (PCA), shall be fully credited to the non-
Federal sponsor's share of costs for the project: Provided, That for the 
purposes of benefit-cost ratio calculations in the General Reevaluation 
Report (GRR),

[[Page 119 STAT. 2255]]

the Truckee Meadows Nevada Flood Control Project shall be defined as a 
single unit and non-separable.
    Sec. 114. Water Reallocation, Lake Cumberland, Kentucky. (a) In 
General.--Subject to subsection (b), none of the funds made available by 
this Act may be used to carry out any water reallocation project or 
component under the Wolf Creek Project, Lake Cumberland, Kentucky, 
authorized under the Act of June 28, 1938 (52 Stat. 1215, chapter 795) 
and the Act of July 24, 1946 (60 Stat. 636, chapter 595).
    (b) Existing Reallocations.--Subsection (a) shall not apply to any 
water reallocation for Lake Cumberland, Kentucky, that is carried out 
subject to an agreement or payment schedule in effect on the date of 
enactment of this Act.
    Sec. 115. Section 529(b)(3) of Public Law 106-541 <<NOTE: 114 Stat. 
2658.>> is amended by striking ``$10,000,000'' and inserting 
``$20,000,000'' in lieu thereof.

    Sec. 116. Yazoo Basin, Big Sunflower River, Mississippi.--The Yazoo 
Basin, Big Sunflower River, Mississippi, project authorized by the Flood 
Control Act of 1944, as amended and modified, is further modified to 
include the design and construction at full Federal expense of such 
measures as determined by the Chief of Engineers to be advisable for the 
control and reduction of sedimentation, erosion and headcutting in 
watersheds of the Yazoo Basin: Yazoo Headwater and Big Sunflower.
    Sec. 117. Lower Mississippi River Museum and Riverfront Interpretive 
Site, Mississippi.--The Water Resources Development Act of 1992 (106 
Stat. 4811) is amended by--
            (1) in section 103(c)(2) by striking ``property currently 
        held by the Resolution Trust Corporation in the vicinity of the 
        Mississippi River Bridge'' and inserting ``riverfront 
        property''; and
            (2) in section 103(c)(7)--
                    (A) by striking ``There is'' and inserting the 
                following: ``(A) In general.--There is''; and
                    (B) by striking ``$2,000,000'' and all that follows 
                and inserting the following: ``$15,000,000 to plan, 
                design, and construct generally in accordance with the 
                conceptual plan to be prepared by the Corps of 
                Engineers.
                    ``(B) Funding.--The planning, design, and 
                construction of the Lower Mississippi River Museum and 
                Riverfront Interpretive Site shall be carried out using 
                funds appropriated as part of the Mississippi River 
                Levees feature of the Mississippi River and Tributaries 
                Project, authorized by the Act of May 15, 1928 (45 Stat. 
                534, chapter 569).''.

    Sec. 118. Section 593(h) of Public Law 106-541 <<NOTE: 113 Stat. 
380.>> is amended by striking ``$25,000,000'' and inserting 
``$50,000,000'' in lieu thereof.

    Sec. 119. The project for navigation, Los Angeles Harbor, 
California, authorized by section 101(b)(5) of the Water Resources 
Development Act of 2000 (114 Stat. 2577) is modified to authorize the 
Chief of Engineers to carry out the project at a total cost of 
$222,000,000.
    Sec. 120. Section 219(f) of the Water Resources Development Act of 
1992 (Public Law 102-580; 106 Stat. 4835), as amended by section 502(b) 
of the Water Resources Development Act of 1999 (Public Law 106-53) and 
section 108(d) of title I of division B of the Miscellaneous 
Appropriations Act, 2001 (as enacted by Public

[[Page 119 STAT. 2256]]

Law 106-554; 114 Stat. 2763A-220), is further amended by adding at the 
end the following:
            ``(72) Alpine, california.--$10,000,000 is authorized for a 
        water transmission main, Alpine, CA.''.

    Sec. 121. (a) The Secretary of the Army may carry out and fund 
projects to comply with the 2003 Biological Opinion described in section 
205(b) of the Energy and Water Development Appropriations Act, 2005 
(Public Law 108-447; 118 Stat. 2949) as amended by subsection (b) and 
may award grants and enter into contracts, cooperative agreements, or 
interagency agreements with participants in the Endangered Species Act 
Collaborative Program Workgroup referenced in section 209(a) of the 
Energy and Water Development Appropriations Act, 2004 (Public Law 108-
137; 117 Stat. 1850) in order to carry out such projects. Any project 
undertaken under this subsection shall require a non-Federal cost share 
of 25 percent, which may be provided through in-kind services or direct 
cash contributions and which shall be credited on a programmatic basis 
instead of on a project-by-project basis, with reconciliation of total 
project costs and total non-Federal cost share calculated on a three 
year incremental basis. Non-Federal cost share that exceeds that which 
is required in any calculated three year increment shall be credited to 
subsequent three year increments.
    (b) Section 205(b) of Public Law 108-447 (118 Stat. 2949) is amended 
by adding ``and any amendments thereto'' after the word ``2003''.
    Sec. 122. Bluestone, West Virginia. Section 547 of the Water 
Resources Development Act of 2000 (114 Stat. 2676) is amended--
            (1) in subsection (b)(1)(A) by striking ``4 years'' and 
        inserting ``5 years'';
            (2) in subsection (b)(1)(B)(iii) by striking ``if all'' and 
        all that follows through ``facility'' and inserting ``assurance 
        project'';
            (3) in subsection (b)(1)(C) by striking ``and construction'' 
        and inserting ``, construction, and operation and maintenance'';
            (4) by adding at the end of subsection (b) the following:
            ``(3) Operation and ownership.--The Tri-Cities Power 
        Authority shall be the owner and operator of the hydropower 
        facilities referred to in subsection (a).'';
            (5) in subsection (c)(1)--
                    (A) by striking ``No'' and inserting ``Unless 
                otherwise provided, no'';
                    (B) by inserting ``planning,'' before ``design''; 
                and
                    (C) by striking ``prior to'' and all that follows 
                through ``subsection (d)'';
            (6) in subsection (c)(2) by striking ``design'' and 
        inserting ``planning, design,'';
            (7) in subsection (d)--
                    (A) by striking paragraphs (1) and (2) and inserting 
                the following:
            ``(1) Approval.--The Secretary shall review the design and 
        construction activities for all features of the hydroelectric 
        project that pertain to and affect stability of the dam and 
        control the release of water from Bluestone Dam to ensure that 
        the quality of construction of those features meets all 
        standards established for similar facilities constructed by the 
        Secretary.'';
                    (B) by redesignating paragraph (3) as paragraph (2);

[[Page 119 STAT. 2257]]

                    (C) by striking the period at the end of paragraph 
                (2) (as so redesignated) and inserting ``, except that 
                hydroelectric power is no longer a project purpose of 
                the facility so long as Tri-Cities Power Authority 
                continues to exercise its responsibilities as the 
                builder, owner, and operator of the hydropower 
                facilities at Bluestone Dam. Water flow releases and 
                flood control from the hydropower facilities shall be 
                determined and directed by the Corps of Engineers.''; 
                and
                    (D) by adding at the end the following:
            ``(3) Coordination.--Construction of the hydroelectric 
        generating facilities shall be coordinated with the dam safety 
        assurance project currently in the design and construction 
        phases.'';
            (8) in subsection (e) by striking ``in accordance'' and all 
        that follows through ``58 Stat. 890)'';
            (9) in subsection (f)--
                    (A) by striking ``facility of the interconnected 
                systems of reservoirs operated by the Secretary'' each 
                place it appears and inserting ``facilities under 
                construction under such agreements''; and
                    (B) by striking ``design'' and inserting ``planning, 
                design'';
            (10) in subsection (f)(2)--
                    (A) by ``Secretary'' each place it appears and 
                inserting ``Tri-Cities Power Authority''; and
                    (B) by striking ``facilities referred to in 
                subsection (a)'' and inserting ``such facilities'';
            (11) by striking paragraph (1) of subsection (g) and 
        inserting the following:
            ``(1) to arrange for the transmission of power to the market 
        or to construct such transmission facilities as necessary to 
        market the power produced at the facilities referred to in 
        subsection (a) with funds contributed by the Tri-Cities Power 
        Authority; and'';
            (12) in subsection (g)(2) by striking ``such facilities'' 
        and all that follows through ``the Secretary'' and inserting 
        ``the generating facility''; and
            (13) by adding at the end the following:

    ``(i) Tri-Cities Power Authority Defined.--In this section, the 
`Tri-Cities Power Authority' refers to the entity established by the 
City of Hinton, West Virginia, the City of White Sulphur Springs, West 
Virginia, and the City of Philippi, West Virginia, pursuant to a 
document entitled `Second Amended and Restated Intergovernmental 
Agreement' approved by the Attorney General of West Virginia on February 
14, 2002.''.
    Sec. 123. (a) In General.--
            (1) <<NOTE: Mississippi.>> After the date of enactment of 
        this Act, the Secretary of the Army shall carry out the project 
        for wastewater infrastructure, DeSoto County, Mississippi, 
        authorized by section 219(f)(30) of Public Law 102-580, as 
        amended, in accordance with the provisions of this subsection.
            (2) The non-Federal interest shall be primarily responsible 
        for carrying out work on the project referred to in paragraph 
        (1) that is not covered by the Project Cooperation Agreement 
        executed on May 13, 2002 or any amendments thereto, including 
        work associated with the design, construction,

[[Page 119 STAT. 2258]]

        management, and administration of the project. The non-Federal 
        interest may carry out work on the project subject to obtaining 
        any permits required pursuant to Federal and State laws and 
        subject to general supervision and administrative oversight by 
        the Secretary of the Army.
            (3) The Federal share of project costs incurred by the non-
        Federal interest in carrying out work on the project as provided 
        for in paragraph (2) shall equal 75 percent of the total cost of 
        the work and shall be in the form of grants or reimbursements, 
        except that the total amount of Federal funds available for the 
        project, including that portion of the project carried out as 
        provided for in paragraph (2), may not exceed $55,000,000.

    (b) Technical Amendment.--Section 6006 of the Emergency Supplemental 
Appropriations Act, 2005 (119 Stat. 282) is amended by striking 
``between May 13, 2002, and September 30, 2005'' and inserting ``after 
May 13, 2002'' in lieu thereof.
    Sec. 124. The project for flood control, Las Vegas Wash and 
Tributaries (Flamingo and Tropicana Washes), Nevada, authorized by 
section 101(13) of Public Law 102-580 and modified by Public Law 108-7 
(H.J. Res. 2) Consolidated Appropriations Resolution, 2003, section 107 
is further modified to provide that the costs incurred for design and 
construction of the project channel crossings in the reach of the 
channels from Shelbourne Avenue proceeding north along the alignment of 
Durango Drive and continuing east along the Southern Beltway to Martin 
Avenue shall be added to the authorized cost of the project and such 
costs shall be cost shared and shall not be considered part of the non-
Federal sponsor's responsibility to provide lands, easements, and 
rights-of-way, and to perform relocations for the project.
    Sec. 125. Restoration of the Lake Michigan Waterfront and Related 
Areas, Lake and Porter Counties, Indiana.--The Secretary of the Army, 
acting through the Chief of Engineers is authorized and directed to 
carry out a continuing program for the restoration of the Lake Michigan 
Waterfront and Related Areas, Lake and Porter Counties, Indiana.
            (1) Definitions.--
                    (A) Related areas are defined as adjacent or close 
                sites that have an impact or influence on the waterfront 
                areas or aquatic habitat.
                    (B) Restore is defined as--
                          (i) activities that improve a site's ecosystem 
                      function, structure, and dynamic processes to a 
                      less degraded and more natural condition, and/or
                          (ii) the management of contaminants that allow 
                      the site to be safely used for ecological and/or 
                      economic purposes.
            (2) Justification.--Projects can be justified by ecosystem 
        benefits, clean-up of contaminated sites, public health, safety, 
        economic benefits or any combination of these. Sites restored 
        for economic purposes can be redeveloped by others. Restoration 
        sites may include compatible recreation facilities that do not 
        diminish the restoration purpose and do not increase the Federal 
        cost share by more than 10 percent.
            (3) Cost sharing.--The construction of projects are cost 
        shared at 65 percent Federal and 35 percent non-Federal except 
        when there is a demonstration of innovative technology. The

[[Page 119 STAT. 2259]]

        cost share is then 85 percent Federal and 15 percent non-
        Federal.
            (4) Credit.--
                    (A) The Secretary shall credit the non-Federal 
                interest for the value of any lands, easements, rights-
                of-way, relocations, excavated and/or dredged material 
                disposal areas required for carrying out a project. When 
                the cost of the provision of all lands, easements, 
                rights-of-way, relocations, excavated and/or dredged 
                material disposal areas exceeds the non-Federal share, 
                as identified in paragraph (3), the non-Federal interest 
                may waive any right under Federal cost-sharing policy to 
                receive cash reimbursement for any such value in excess 
                of the non-Federal share as identified in paragraph (3).
                    (B) The non-Federal interest may provide up to 100 
                percent of the non-Federal share required under 
                paragraph (3) in the form of services, materials, 
                supplies, or other in-kind contributions including 
                monies paid pursuant to, or the value of any in-kind 
                service performed under, an administrative order on 
                consent or jurisdictional consent decree but may not 
                include any monies paid pursuant to, or the value of any 
                in-kind service performed under, a unilateral 
                administrative order or court order.
                    (C) The total of non-Federal credit for services, 
                materials, supplies, or other in-kind contributions when 
                combined with lands, easements, rights-of-way, 
                relocations, excavated and/or dredged material disposal 
                areas shall not exceed the non-Federal share identified 
                in paragraph (3).
            (5) Operation, maintenance, repair, replacement and 
        rehabilitation.--Operation, maintenance, repair, replacement and 
        rehabilitation is 100 percent non-Federal cost.
            (6) Hold harmless.--Non-Federal interests hold and save 
        harmless the United States free from claims or damages due to 
        implementation of the project except for negligence of the 
        government.
            (7) Authorized appropriations.--There is authorized to be 
        appropriated to carry out this program $20,000,000 for each 
        fiscal year.

    Sec. 126. Chesapeake Bay Oyster Restoration, Maryland and 
Virginia.--The second sentence of section 704(b) of the Water Resources 
Development Act of 1986 (33 U.S.C. 2263(b)) is amended by striking 
``$20,000,000'' and inserting ``$30,000,000''.
    Sec. 127. The project for flood control, Little Calumet River, 
Indiana, authorized by section 401(a) of Public Law 99-662 (100 Stat. 
4115) is modified to authorize the Secretary of the Army to complete the 
project in accordance with the post authorization change report dated 
August 2000 at a total cost of $198,000,000 with an estimated Federal 
cost of $148,500,000 and an estimated non-Federal cost of $49,500,000.
    Sec. 128. American River Watershed, California (Folsom Dam and 
Permanent Bridge).--(a) Coordination of Flood Damage Reduction and Dam 
Safety.--The Secretary of the Army and the Secretary of the Interior are 
directed to collaborate on authorized activities to maximize flood 
damage reduction improvements and address dam safety needs at Folsom Dam 
and Reservoir, California. The Secretaries shall expedite technical 
reviews for flood damage reduction and dam safety improvements. In 
developing

[[Page 119 STAT. 2260]]

improvements under this section, the Secretaries shall consider 
reasonable modifications to existing authorized activities, including a 
potential auxiliary spillway. In conducting such activities, the 
Secretaries are authorized to expend funds for coordinated technical 
reviews and joint planning, and preliminary design activities.
    (b) Secretary's Role.--Section 134 of Public Law 108-137 (117 Stat. 
1842) is modified to read as follows:

``SEC. 134. BRIDGE AUTHORIZATION.

    ``There is authorized to be appropriated to the Secretary of the 
Army $30,000,000 for the construction of the permanent bridge described 
in section 128(a), above the $36,000,000 provided for in the recommended 
plan for bridge construction. The $30,000,000 shall not be subject to 
cost sharing requirements with non-Federal interests.''.
    (c) Conforming Change.--Section 128(a) of Public Law 108-137 (117 
Stat. 1838) is modified by deleting ``above the $36,000,000 provided for 
in the recommended plan for bridge construction,'' and inserting in lieu 
thereof the following: ``above the sum of the $36,000,000 provided for 
in the recommended plan for bridge construction and the amount 
authorized to be appropriated by section 134, as amended,''.
    (d) Maximum Cost of Project.--The costs cited in subsections (b) and 
(c) shall be adjusted to allow for increases pursuant to section 902 of 
Public Law 99-662 (100 Stat. 4183). <<NOTE: Effective date.>> For 
purposes of making adjustments pursuant to this subsection, the date of 
authorization of the bridge project shall be December 1, 2003.

    (e) Expedited Construction.--The Secretary, in coordination with the 
Secretary of the Interior and affected non-Federal officials (including 
the City of Folsom, California), shall expedite construction of a new 
bridge and associated roadway authorized in Public Law 108-137. The 
Secretary, to the extent practicable, may construct such work in a 
manner that is compatible with the design and construction of authorized 
projects for flood damage reduction and dam safety. The Secretary and 
the Secretary of the Interior shall expedite actions under their 
respective jurisdictions to facilitate timely completion of 
construction.
    (f) Report to Congress.--The Secretary of the Army, in consultation 
with the Secretary of the Interior and non-Federal interests, shall 
report to Congress within ninety days of the date of enactment of this 
Act, and at four-month intervals thereafter, on the status and schedule 
of planning, design and construction activity.
    Sec. 129. Jacksonville Harbor, Florida.--(a) The project for 
navigation, Jacksonville Harbor, Florida, authorized by section 
101(a)(17) of the Water Resources Development Act of 1999 (113 Stat. 
276), is modified to authorize the Secretary to extend the navigation 
features in accordance with the Report of the Chief of Engineers, dated 
July 22, 2003, at a total cost of $14,658,000, with an estimated Federal 
cost of $9,636,000 and an estimated non-Federal cost of $5,022,000.
    (b) The non-Federal share of the costs of the General Reevaluation 
Reports on the Jacksonville Harbor which were begun prior to August 
2004, shall be consistent with the non-Federal costs in implementing the 
overall construction project.

[[Page 119 STAT. 2261]]

    Sec. 130. Section 594(g) of the Water Resources Development Act of 
1999 (113 Stat. 383) is amended by striking ``$60,000,000'' and 
inserting ``$240,000,000''.
    Sec. 131. Onondaga Lake, New York.--Section 573 of the Water 
Resources Development Act of 1999 (113 Stat. 372) is amended--
            (1) in subsection (f) by striking ``$10,000,000'' and 
        inserting ``$30,000,000'';
            (2) by redesignating subsections (f) and (g) as subsections 
        (g) and (h), respectively; and
            (3) by inserting after subsection (e) the following:

    ``(f) Nonprofit Entities.--Notwithstanding section 221(b) of the 
Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), for any project 
carried out under this section, a non-Federal interest may include a 
nonprofit entity, with the consent of the affected local government.''.
    Sec. 132. White River Basin, Arkansas.--(a) Minimum Flows.--
            (1) In general.--The Secretary is authorized and directed to 
        implement alternatives BS-3 and NF-7, as described in the White 
        River Minimum Flows Reallocation Study Report, Arkansas and 
        Missouri, dated July 2004.
            (2) Cost sharing and allocation.--Reallocation of storage 
        and planning, design and construction of White River Minimum 
        Flows project facilities shall be considered fish and wildlife 
        enhancement that provides national benefits and shall be a 
        Federal expense in accordance with section 906(e) of the Water 
        Resources Development Act of 1986 (33 U.S.C. 2283(e)). The non-
        Federal interests shall provide relocations or modifications to 
        public and private lakeside facilities at Bull Shoals Lake and 
        Norfork Lake to allow reasonable continued use of the facilities 
        with the storage reallocation as determined by the Secretary in 
        consultation with the non-Federal interests. Operations and 
        maintenance costs of the White River Minimum Flows project 
        facilities shall be 100 percent Federal. All Federal costs for 
        the White River Minimum Flows project shall be considered non-
        reimbursable.
            (3) Impacts on non-federal project.--The Administrator of 
        Southwestern Power Administration, in consultation with the 
        project licensee and the relevant state public utility 
        commissions, shall determine any impacts on electric energy and 
        capacity generated at Federal Energy Regulatory Commission 
        Project No. 2221 caused by the storage reallocation at Bull 
        Shoals Lake, based on data and recommendations provided by the 
        relevant state public utility commissions. The licensee of 
        Project No. 2221 shall be fully compensated by the Corps of 
        Engineers for those impacts on the basis of the present value of 
        the estimated future lifetime replacement costs of the 
        electrical energy and capacity at the time of implementation of 
        the White River Minimum Flows project. Such costs shall be 
        included in the costs of implementing the White River Minimum 
        Flows project and allocated in accordance with subsection (a)(2) 
        above.
            (4) Offset.--In carrying out this subsection, losses to the 
        Federal hydropower purpose of the Bull Shoals and Norfork 
        Projects shall be offset by a reduction in the costs allocated 
        to the Federal hydropower purpose. Such reduction shall be

[[Page 119 STAT. 2262]]

        determined by the Administrator of the Southwestern Power 
        Administration on the basis of the present value of the 
        estimated future lifetime replacement cost of the electrical 
        energy and capacity at the time of implementation of the White 
        River Minimum Flows project.

    (b) Fish Hatchery.--In constructing, operating, and maintaining the 
fish hatchery at Beaver Lake, Arkansas, authorized by section 105 of the 
Water Resources Development Act of 1976 (90 Stat. 2921), losses to the 
Federal hydropower purpose of the Beaver Lake Project shall be offset by 
a reduction in the costs allocated to the Federal hydropower purpose. 
Such reduction shall be determined by the Administrator of the 
Southwestern Power Administration based on the present value of the 
estimated future lifetime replacement cost of the electrical energy and 
capacity at the time operation of the hatchery begins.
    (c) Repeal.--Section 374 of the Water Resources Development Act of 
1999 (113 Stat. 321) and section 304 of the Water Resources Development 
Act of 2000 <<NOTE: 114 Stat. 2601.>> (Public Law 106-541) are repealed.

    Sec. 133. Calcasieu Ship Channel, Louisiana. (a) In General.--At 
such time as Pujo Heirs and Westland Corporation convey all right, 
title, and interest in and to the real property described in paragraph 
(b)(1) to the United States, the Secretary shall convey all right, 
title, and interest of the United States in and to the real property 
described in paragraph (b)(2) to Pujo Heirs and Westland Corporation.
    (b) Land Description.--The parcels of land referred to in paragraph 
(a) are the following:
            (1) Non-federal interest in land.--An easement for placement 
        of dredged materials over a contiguous equivalent area to the 
        real property described in subparagraph (2). The parcels on 
        which such an easement may be exchanged is all of the area 
        within the diked or confined boundaries of the Corps of 
        Engineers Dredge Material Placement Area M comprising Tract 
        128E, Tract 129E, Tract 131E, Tract 41A, Tract 42, Tract 132E, 
        Tract 130E, Tract 134E, Tract 133E-3, Tract 140E, or some 
        combination thereof.
            (2) Federal interest in land.--An easement for placement of 
        dredged materials over an area in Cameron Parish, Louisiana, 
        known as portions of Government Tract Numbers 139E-2 and 48 
        (both tracts on the west shore of the Calcasieu Ship Channel), 
        and other tracts known as Corps of Engineers Dredge Material 
        Placement Area O.

    (c) Conditions.--The exchange of real property under paragraph (1) 
shall be subject to the following conditions:
            (1) Deeds.--
                    (A) Non-federal land.--The conveyance of the real 
                property described in paragraph (b)(1) to the Secretary 
                shall be by a warranty deed acceptable to the Secretary.
                    (B) Federal land.--The conveyance of the real 
                property described in paragraph (b)(2) to Pujo Heirs and 
                Westland Corporation shall be by a quitclaim deed.
            (2) Time limit for exchange.--The land exchange under 
        paragraph (a) shall be completed not later than six months after 
        the date of enactment of this Act.
            (3) Incremental costs.--As determined by the Secretary, 
        incremental costs to the Lake Charles Harbor and Terminal 
        District associated with the preparation of the area and the

[[Page 119 STAT. 2263]]

        placement of dredge material in the new disposal easement area, 
        paragraph (b)(1), including, site preparation costs, associated 
        testing, permitting, mitigation and diking costs associated with 
        such new disposal easement over the costs that would have been 
        incurred in the placement of dredge material in the old disposal 
        easement area, paragraph (b)(2) (comprising all of Corps of 
        Engineers Dredge Material Placement Area O) up to the disposal 
        capacity equivalent of the property described in paragraph 
        (b)(2), shall be made available by the Owners. Owners shall make 
        appropriated guarantees, as agreed to by the Secretary, that 
        funds will be available as needed to cover such incremental 
        costs. The Lake Charles Harbor and Terminal District, as local 
        sponsor for the Calcasieu Ship Channel Project, shall not be 
        assessed or caused to incur any costs arising out of, associated 
        with or as a consequence of the land exchange authorized under 
        paragraph (a).

    (d) Value of Properties.--If the appraised fair market value, as 
determined by the Secretary, of the real property conveyed to Pujo Heirs 
and Westland Corporation by the Secretary under paragraph (a) exceeds 
the appraised fair market value, as determined by the Secretary, of the 
real property conveyed to the United States by Pujo Heirs and Westland 
Corporation under paragraph (a), Pujo Heirs and Westland Corporation 
shall make a payment to the United States equal to the excess in cash or 
a cash equivalent that is satisfactory to the Secretary.
    Sec. 134. Project Modification.--(a) In General.--The project for 
flood damage reduction, environmental restoration, recreation, Johnson 
Creek, Arlington, Texas, authorized by section 101(b)(14) of the Water 
Resources Development Act of 1999 (113 Stat. 280-281) is modified--
            (1) to deauthorize the ecosystem restoration portion of the 
        project that consists of approximately 90 acres of land located 
        between Randol Mill and the Union Pacific East/West line; and
            (2) to authorize the Secretary of the Army to design and 
        construct an ecosystem restoration project on lands identified 
        in subsection (c) that will provide the same or greater level of 
        national ecosystem restoration benefits as the portion of the 
        project described in paragraph (1).

    (b) Credit Toward Federal Share.--The Secretary of the Army shall 
credit toward the Federal share of the cost of the modified project the 
costs incurred by the Secretary to carry out the project as originally 
authorized under section 101(b)(14) of the Water Resources Development 
Act of 1999 (113 Stat. 280). The non-Federal interest shall not be 
responsible for reimbursing the Secretary for any amount credited under 
this subsection.
    (c) <<NOTE: Deadline. Texas.>> Comparable Property.--Not later than 
6 months after the date of enactment of this Act, the City of Arlington, 
Texas, shall identify lands, acceptable to the Secretary of the Army, 
amounting to not less than 90 acres within the City, where an ecosystem 
restoration project may be constructed to provide the same or greater 
level of National ecosystem restoration benefits as the land described 
in subsection (a)(1).

    Sec. 135. Funds made available in Public Law 105-62 and Public Law 
105-245 for Hudson River, Athens, New York, shall be available for 
projects in the Catskill/Delaware watersheds in Delaware and Greene 
Counties, New York, under the authority

[[Page 119 STAT. 2264]]

of the New York City Watershed Environmental Assistance Program.
    Sec. 136. None of the funds contained in title I of this Act shall 
be available to permanently reassign or to temporarily reassign in 
excess of 180 days personnel from the Charleston, South Carolina 
district office: Provided, That this limitation shall not apply to 
voluntary change of station.
    Sec. 137. The Secretary of the Army, acting through the Chief of 
Engineers, is hereby authorized and directed to design and construct 
until hereafter completed, the recreation and access features designated 
as Phase II of the Louisville Waterfront Park, Kentucky, as described in 
the Louisville Waterfront Park, Phases II and III, Detailed Project 
Report, by the Louisville District of the Corps of Engineers dated May 
2002. The project shall be cost shared 50 percent Federal and 50 percent 
non-Federal. The cost of project work undertaken by the non-Federal 
interests, including but not limited to prior planning, design, and 
construction, shall be credited toward the non-Federal share of project 
design and construction costs.
    Sec. 138. Akutan, Alaska.--(a) In General.--The Secretary of the 
Army is authorized to carry out the project for navigation, Akutan, 
Alaska, substantially in accordance with the plans, and subject to the 
conditions, described in the Report of the Chief of Engineers dated 
December 20, 2004, at a total cost of $19,700,000.
    (b) Treatment of Certain Dredging.--The headlands dredging for the 
mooring basin shall be considered a general navigation feature for 
purposes of estimating the non-Federal share of the cost of the project.
    Sec. 139. <<NOTE: Designation. Maryland.>> (a) In General.--The 
project for the beneficial use of dredged material at Poplar Island, 
Maryland, authorized by section 537 of the Water Resources Development 
Act of 1996 (110 Stat. 3776) shall be known as and designated as the 
``Paul S. Sarbanes Ecosystem Restoration Project at Poplar Island''.

    (b) Reference.--Any reference in a law, map, regulation, document, 
paper or other record of the United States (including reference by the 
Corps of Engineers) to the project referred to in subsection (a) shall 
be deemed to be a reference to the ``Paul S. Sarbanes Ecosystem 
Restoration Project at Poplar Island''.
    (c) Effective Date.--The project designation in this section shall 
become effective on January 4, 2007.

                                TITLE II

                       DEPARTMENT OF THE INTERIOR

                          Central Utah Project

                 central utah project completion account

    For carrying out activities authorized by the Central Utah Project 
Completion Act, $32,614,000, to remain available until expended, of 
which $946,000 shall be deposited into the Utah Reclamation Mitigation 
and Conservation Account for use by the Utah Reclamation Mitigation and 
Conservation Commission.
    In addition, for necessary expenses incurred in carrying out related 
responsibilities of the Secretary of the Interior, $1,736,000, to remain 
available until expended.

[[Page 119 STAT. 2265]]

                          Bureau of Reclamation

    The following appropriations shall be expended to execute authorized 
functions of the Bureau of Reclamation:

                       water and related resources

                      (including transfer of funds)

    For management, development, and restoration of water and related 
natural resources and for related activities, including the operation, 
maintenance, and rehabilitation of reclamation and other facilities, 
participation in fulfilling related Federal responsibilities to Native 
Americans, and related grants to, and cooperative and other agreements 
with, State and local governments, Indian tribes, and others, 
$883,514,000, to remain available until expended, of which $59,544,000 
shall be available for transfer to the Upper Colorado River Basin Fund 
and $21,998,000 shall be available for transfer to the Lower Colorado 
River Basin Development Fund; of which such amounts as may be necessary 
may be advanced to the Colorado River Dam Fund; of which not more than 
$500,000 is for high priority projects which shall be carried out by the 
Youth Conservation Corps, as authorized by 16 U.S.C. 1706: Provided, 
That such transfers may be increased or decreased within the overall 
appropriation under this heading: Provided further, That of the total 
appropriated, the amount for program activities that can be financed by 
the Reclamation Fund or the Bureau of Reclamation special fee account 
established by 16 U.S.C. 460l-6a(i) shall be derived from that Fund or 
account: Provided further, That funds contributed under 43 U.S.C. 395 
are available until expended for the purposes for which contributed: 
Provided further, That funds advanced under 43 U.S.C. 397a shall be 
credited to this account and are available until expended for the same 
purposes as the sums appropriated under this heading: Provided further, 
That funds available for expenditure for the Departmental Irrigation 
Drainage Program may be expended by the Bureau of Reclamation for site 
remediation on a non-reimbursable basis: Provided further, That $500,000 
of the funds provided herein shall be used on a non-reimbursible basis 
to fund the collection of technical and environmental data to be used to 
evaluate potential rehabilitation of the St. Mary Storage Unit 
facilities, Milk River Project, Montana, and that Reclamation shall 
enter into cooperative agreements with the State of Montana or the 
Blackfeet Tribe to carry out such work if the Secretary determines such 
agreements would be cost-effective and efficient.

                 central valley project restoration fund

    For carrying out the programs, projects, plans, and habitat 
restoration, improvement, and acquisition provisions of the Central 
Valley Project Improvement Act, $52,219,000, to be derived from such 
sums as may be collected in the Central Valley Project Restoration Fund 
pursuant to sections 3407(d), 3404(c)(3), 3405(f), and 3406(c)(1) of 
Public Law 102-575, to remain available until expended: Provided, That 
the Bureau of Reclamation is directed to assess and collect the full 
amount of the additional mitigation and restoration payments authorized 
by section 3407(d) of Public

[[Page 119 STAT. 2266]]

Law 102-575: Provided further, That none of the funds made available 
under this heading may be used for the acquisition or leasing of water 
for in-stream purposes if the water is already committed to in-stream 
purposes by a court adopted decree or order.

                    california bay-delta restoration

                      (including transfer of funds)

    For carrying out activities authorized by the Water Supply, 
Reliability, and Environmental Improvement Act, consistent with plans to 
be approved by the Secretary of the Interior, $37,000,000, to remain 
available until expended, of which such amounts as may be necessary to 
carry out such activities may be transferred to appropriate accounts of 
other participating Federal agencies to carry out authorized purposes: 
Provided, That funds appropriated herein may be used for the Federal 
share of the costs of CALFED Program management: Provided further, That 
the use of any funds provided to the California Bay-Delta Authority for 
program-wide management and oversight activities shall be subject to the 
approval of the Secretary of the Interior: Provided further, That CALFED 
implementation shall be carried out in a balanced manner with clear 
performance measures demonstrating concurrent progress in achieving the 
goals and objectives of the Program: Provided further, That $500,000 
shall be transferred to the Army Corps of Engineers to carry out the 
report on levee stability reconstruction projects and priorities 
authorized under section 103(f)(3) of Public Law 108-361.

                        policy and administration

    For necessary expenses of policy, administration, and related 
functions in the office of the Commissioner, the Denver office, and 
offices in the five regions of the Bureau of Reclamation, to remain 
available until expended, $57,917,000, to be derived from the 
Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377: 
Provided, That no part of any other appropriation in this Act shall be 
available for activities or functions budgeted as policy and 
administration expenses.

                        administrative provision

    Appropriations for the Bureau of Reclamation shall be available for 
purchase of not to exceed 14 passenger motor vehicles, of which 11 are 
for replacement only.

             General Provisions, Department of the Interior

    Sec. 201. (a) None of the funds appropriated or otherwise made 
available by this Act may be used to determine the final point of 
discharge for the interceptor drain for the San Luis Unit until 
development by the Secretary of the Interior and the State of California 
of a plan, which shall conform to the water quality standards of the 
State of California as approved by the Administrator of the 
Environmental Protection Agency, to minimize any detrimental effect of 
the San Luis drainage waters.
    (b) The costs of the Kesterson Reservoir Cleanup Program and the 
costs of the San Joaquin Valley Drainage Program shall be classified by 
the Secretary of the Interior as reimbursable or

[[Page 119 STAT. 2267]]

nonreimbursable and collected until fully repaid pursuant to the 
``Cleanup Program-Alternative Repayment Plan'' and the ``SJVDP-
Alternative Repayment Plan'' described in the report entitled 
``Repayment Report, Kesterson Reservoir Cleanup Program and San Joaquin 
Valley Drainage Program, February 1995'', prepared by the Department of 
the Interior, Bureau of Reclamation. Any future obligations of funds by 
the United States relating to, or providing for, drainage service or 
drainage studies for the San Luis Unit shall be fully reimbursable by 
San Luis Unit beneficiaries of such service or studies pursuant to 
Federal reclamation law.
    Sec. 202. <<NOTE: New Mexico.>> None of the funds appropriated or 
otherwise made available by this or any other Act may be used to pay the 
salaries and expenses of personnel to purchase or lease water in the 
Middle Rio Grande or the Carlsbad Projects in New Mexico unless said 
purchase or lease is in compliance with the purchase requirements of 
section 202 of Public Law 106-60.

    Sec. 203. <<NOTE: Contracts.>> (a) Section 1(a) of the Lower 
Colorado Water Supply Act (Public Law 99-655) <<NOTE: 100 Stat. 
3665.>> is amended by adding at the end the following: ``The Secretary 
is authorized to enter into an agreement or agreements with the city of 
Needles or the Imperial Irrigation District for the design and 
construction of the remaining stages of the Lower Colorado Water Supply 
Project on or after November 1, 2004, and the Secretary shall ensure 
that any such agreement or agreements include provisions setting forth: 
(1) the responsibilities of the parties to the agreement for design and 
construction; (2) the locations of the remaining wells, discharge 
pipelines, and power transmission lines; (3) the remaining design 
capacity of up to 5,000 acre-feet per year which is the authorized 
capacity less the design capacity of the first stage constructed; (4) 
the procedures and requirements for approval and acceptance by the 
Secretary of the remaining stages, including approval of the quality of 
construction, measures to protect the public health and safety, and 
procedures for protection of such stages; (5) the rights, 
responsibilities, and liabilities of each party to the agreement; and 
(6) the term of the agreement.''.

    (b) Section 2(b) of the Lower Colorado Water Supply Act (Public Law 
99-655) <<NOTE: 100 Stat. 3665.>> is amended by adding at the end the 
following: ``Subject to the demand of such users along or adjacent to 
the Colorado River for Project water, the Secretary is further 
authorized to contract with additional persons or entities who hold 
Boulder Canyon Project Act section 5 contracts for municipal and 
industrial uses within the State of California for the use or benefit of 
Project water under such terms as the Secretary determines will benefit 
the interest of Project users along the Colorado River.''.

    Sec. 204. Funds under this title for Drought Emergency Assistance 
shall be made available primarily for leasing of water for specified 
drought related purposes from willing lessors, in compliance with 
existing State laws and administered under State water priority 
allocation. Such leases may be entered into with an option to purchase: 
Provided, That such purchase is approved by the State in which the 
purchase takes place and the purchase does not cause economic harm 
within the State in which the purchase is made.
    Sec. 205. <<NOTE: Grants. Contracts.>> The Secretary of the 
Interior, acting through the Commissioner of the Bureau of Reclamation, 
is authorized to enter into grants, cooperative agreements, and other 
agreements with irrigation or water districts and States to fund up to 
50 percent

[[Page 119 STAT. 2268]]

of the cost of planning, designing, and constructing improvements that 
will conserve water, increase water use efficiency, or enhance water 
management through measurement or automation, at existing water supply 
projects within the States identified in the Act of June 17, 1902, as 
amended, and supplemented: Provided, That when such improvements are to 
federally owned facilities, such funds may be provided in advance on a 
non-reimbursable basis to an entity operating affected transferred works 
or may be deemed non-reimbursable for non-transferred works: Provided 
further, That the calculation of the non-Federal contribution shall 
provide for consideration of the value of any in-kind contributions, but 
shall not include funds received from other Federal agencies: Provided 
further, That the cost of operating and maintaining such improvements 
shall be the responsibility of the non-Federal entity: Provided further, 
That this section shall not supercede any existing project-specific 
funding authority: Provided further, That the Secretary is also 
authorized to enter into grants or cooperative agreements with 
universities or non-profit research institutions to fund water use 
efficiency research.

    Sec. 206. Water Desalination Act.--Section 8 of Public Law 104-298 
(The Water Desalination Act of 1996) (110 Stat. 3624) as amended by 
section 210 of Public Law 108-7 (117 Stat. 146) and by section 6015 of 
Public Law 109-13 <<NOTE: 42 USC 10301 note.>> is amended by--
            (1) in paragraph (a) by striking ``2005'' and inserting in 
        lieu thereof ``2006''; and
            (2) in paragraph (b) by striking ``2005'' and inserting in 
        lieu thereof ``2006''.

    Sec. 207. Section 17(b) of the Colorado Ute Indian Water Rights 
Settlement Act of 1988 as amended (Public Law 100-585, 102 Stat. 2973; 
Public Law 106-554, 114 Stat. 2763A-266) is amended by striking ``within 
7 years'' and all that follows through ``following the date of enactment 
of this section'' and inserting ``for each of fiscal years 2006 through 
2012''.
    Sec. 208. (a)(1) Using amounts made available under section 2507 of 
the Farm and Security Rural Investment Act of 2002 (43 U.S.C. 2211 note; 
Public Law 107-171), the Secretary shall provide not more than 
$70,000,000 to the University of Nevada--
            (A) to acquire from willing sellers land, water appurtenant 
        to the land, and related interests in the Walker River Basin, 
        Nevada; and
            (B) to establish and administer an agricultural and natural 
        resources center, the mission of which shall be to undertake 
        research, restoration, and educational activities in the Walker 
        River Basin relating to--
                    (i) innovative agricultural water conservation;
                    (ii) cooperative programs for environmental 
                restoration;
                    (iii) fish and wildlife habitat restoration; and
                    (iv) wild horse and burro research and adoption 
                marketing.

    (2) In acquiring interests under paragraph (1)(A), the University of 
Nevada shall make acquisitions that the University determines are the 
most beneficial to--
            (A) the establishment and operation of the agricultural and 
        natural resources research center authorized under paragraph 
        (1)(B); and
            (B) environmental restoration in the Walker River Basin.

[[Page 119 STAT. 2269]]

    (b)(1) Using amounts made available under section 2507 of the Farm 
and Security Rural Investment Act of 2002 (43 U.S.C. 2211 note; Public 
Law 107-171), the Secretary shall provide not more than $10,000,000 for 
a water lease and purchase program for the Walker River Paiute Tribe.
    (2) Water acquired under paragraph (1) shall be--
            (A) acquired only from willing sellers;
            (B) designed to maximize water conveyances to Walker Lake; 
        and
            (C) located only within the Walker River Paiute Indian 
        Reservation.

    (c) Using amounts made available under section 2507 of the Farm and 
Security Rural Investment Act of 2002 (43 U.S.C. 2211 note; Public Law 
107-171), the Secretary, acting through the Commissioner of Reclamation, 
shall provide--
            (1) $10,000,000 for tamarisk eradication, riparian area 
        restoration, and channel restoration efforts within the Walker 
        River Basin that are designed to enhance water delivery to 
        Walker Lake, with priority given to activities that are expected 
        to result in the greatest increased water flows to Walker Lake; 
        and
            (2) $5,000,000 to the United States Fish and Wildlife 
        Service, the Walker River Paiute Tribe, and the Nevada Division 
        of Wildlife to undertake activities, to be coordinated by the 
        Director of the United States Fish and Wildlife Service, to 
        complete the design and implementation of the Western Inland 
        Trout Initiative and Fishery Improvements in the State of Nevada 
        with an emphasis on the Walker River Basin.

    (d) <<NOTE: Effective date.>> For each day after June 30, 2006, on 
which the Bureau of Reclamation fails to comply with subsections (a), 
(b), and (c), the total amount made available for salaries and expenses 
of the Bureau of Reclamation shall be reduced by $100,000 per day.

    Sec. 209. <<NOTE: Reports.>> (a) The Secretary of the Interior is 
authorized to complete a special report to update the analysis of costs 
and associated benefits of the Auburn-Folsom South Unit, Central Valley 
Project, California authorized under Federal reclamation laws and the 
Act of September 2, 1965, Public Law 89-161, 79 Stat. 615 in order to--
            (1) identify those project features that are still relevant;
            (2) identify changes in benefit values from previous 
        analyses and update to current levels;
            (3) identify design standard changes from the 1978 
        Reclamation design which require updated project engineering;
            (4) assess risks and uncertainties associated with the 1978 
        Reclamation design;
            (5) update design and reconnaissance-level cost estimate for 
        features identified under paragraph (1); and
            (6) perform other analyses that the Secretary deems 
        appropriate to assist in the determination of whether a full 
        feasibility study is warranted.

    (b) There are authorized to be appropriated $1,000,000 to carry out 
this section. The cost of completing this update shall be non-
reimbursable.

[[Page 119 STAT. 2270]]

                                TITLE III

                          DEPARTMENT OF ENERGY

                             ENERGY PROGRAMS

                     Energy Supply and Conservation

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for energy supply and energy conservation activities 
in carrying out the purposes of the Department of Energy Organization 
Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation 
of any real property or any facility or for plant or facility 
acquisition, construction, or expansion, $1,830,936,000, to remain 
available until expended.

                          Clean Coal Technology

                        (deferral and rescission)

    Of the funds made available under this heading for obligation in 
prior years, $257,000,000 shall not be available until October 1, 2006: 
Provided, That funds made available in previous appropriations Acts 
shall be made available for any ongoing project regardless of the 
separate request for proposal under which the project was selected: 
Provided further, That $20,000,000 of uncommitted balances is rescinded.

                 Fossil Energy Research and Development

    For necessary expenses in carrying out fossil energy research and 
development activities, under the authority of the Department of Energy 
Organization Act (Public Law 95-91), including the acquisition of 
interest, including defeasible and equitable interests in any real 
property or any facility or for plant or facility acquisition or 
expansion, the hire of passenger motor vehicles, the hire, maintenance, 
and operation of aircraft, the purchase, repair, and cleaning of 
uniforms, the reimbursement to the General Services Administration for 
security guard services, and for conducting inquiries, technological 
investigations and research concerning the extraction, processing, use, 
and disposal of mineral substances without objectionable social and 
environmental costs (30 U.S.C. 3, 1602, and 1603), $597,994,000, to 
remain available until expended, of which $18,000,000 is to continue a 
multi-year project coordinated with the private sector for FutureGen, 
without regard to the terms and conditions applicable to clean coal 
technological projects: Provided, That the initial planning and research 
stages of the FutureGen project shall include a matching requirement 
from non-Federal sources of at least 20 percent of the costs: Provided 
further, That any demonstration component of such project shall require 
a matching requirement from non-Federal sources of at least 50 percent 
of the costs of the component: Provided further, That of the amounts 
provided, $50,000,000 is available, after coordination with the private 
sector, for a request for proposals for a Clean Coal Power Initiative 
providing for competitively-awarded research, development, and 
demonstration projects to reduce the barriers to continued and expanded 
coal use: Provided further, That no

[[Page 119 STAT. 2271]]

project may be selected for which sufficient funding is not available to 
provide for the total project: Provided further, That funds shall be 
expended in accordance with the provisions governing the use of funds 
contained under the heading ``Clean Coal Technology'' in 42 U.S.C. 5903d 
as well as those contained under the heading ``Clean Coal Technology'' 
in prior appropriations: Provided further, That the Department may 
include provisions for repayment of Government contributions to 
individual projects in an amount up to the Government contribution to 
the project on terms and conditions that are acceptable to the 
Department including repayments from sale and licensing of technologies 
from both domestic and foreign transactions: Provided further, That such 
repayments shall be retained by the Department for future coal-related 
research, development and demonstration projects: Provided further, That 
any technology selected under this program shall be considered a Clean 
Coal Technology, and any project selected under this program shall be 
considered a Clean Coal Technology Project, for the purposes of 42 
U.S.C. 7651n, and chapters 51, 52, and 60 of title 40 of the Code of 
Federal Regulations: Provided further, That no part of the sum herein 
made available shall be used for the field testing of nuclear explosives 
in the recovery of oil and gas: Provided further, That up to 4 percent 
of program direction funds available to the National Energy Technology 
Laboratory may be used to support Department of Energy activities not 
included in this account: Provided further, That for fiscal year 2006 
salaries for Federal employees performing research and development 
activities at the National Energy Technology Laboratory can continue to 
be funded from program accounts: Provided further,  That the Secretary 
of Energy is authorized to accept fees and contributions from public and 
private sources, to be deposited in a contributed funds account, and 
prosecute projects using such fees and contributions in cooperation with 
other Federal, State, or private agencies or concerns: Provided further, 
That revenues and other moneys received by or for the account of the 
Department of Energy or otherwise generated by sale of products in 
connection with projects of the Department appropriated under the Fossil 
Energy Research and Development account may be retained by the Secretary 
of Energy, to be available until expended, and used only for plant 
construction, operation, costs, and payments to cost-sharing entities as 
provided in appropriate cost-sharing contracts or agreements.

                 Naval Petroleum and Oil Shale Reserves

    For expenses necessary to carry out naval petroleum and oil shale 
reserve activities, including the hire of passenger motor vehicles, 
$21,500,000, to remain available until expended: Provided, That, 
notwithstanding any other provision of law, unobligated funds remaining 
from prior years shall be available for all naval petroleum and oil 
shale reserve activities.

                       Elk Hills School Lands Fund

    For necessary expenses in fulfilling installment payments under the 
Settlement Agreement entered into by the United States and the State of 
California on October 11, 1996, as authorized by section 3415 of Public 
Law 104-106, $48,000,000, for payment to the State of California for the 
State Teachers' Retirement Fund, of which $46,000,000 will be derived 
from the Elk Hills School Lands Fund.

[[Page 119 STAT. 2272]]

                       Strategic Petroleum Reserve

    For necessary expenses for Strategic Petroleum Reserve facility 
development and operations and program management activities pursuant to 
the Energy Policy and Conservation Act of 1975, as amended (42 U.S.C. 
6201 et seq.), including the hire of passenger motor vehicles, the hire, 
maintenance, and operation of aircraft, the purchase, repair, and 
cleaning of uniforms, the reimbursement to the General Services 
Administration for security guard services, $166,000,000, to remain 
available until expended.

                    Energy Information Administration

    For necessary expenses in carrying out the activities of the Energy 
Information Administration, $86,176,000, to remain available until 
expended.

                    Non-Defense Environmental Cleanup

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
expenses necessary for non-defense environmental cleanup activities in 
carrying out the purposes of the Department of Energy Organization Act 
(42 U.S.C. 7101 et seq.), including the acquisition or condemnation of 
any real property or any facility or for plant or facility acquisition, 
construction, or expansion, and the purchase of not to exceed six 
passenger motor vehicles, of which five shall be for replacement only, 
$353,219,000, to remain available until expended.

       Uranium Enrichment Decontamination and Decommissioning Fund

    For necessary expenses in carrying out uranium enrichment facility 
decontamination and decommissioning, remedial actions, and other 
activities of title II of the Atomic Energy Act of 1954, as amended, and 
title X, subtitle A, of the Energy Policy Act of 1992, $562,228,000, to 
be derived from the Fund, to remain available until expended, of which 
$20,000,000 shall be available in accordance with title X, subtitle A, 
of the Energy Policy Act of 1992.

                                 Science

    For Department of Energy expenses including the purchase, 
construction and acquisition of plant and capital equipment, and other 
expenses necessary for science activities in carrying out the purposes 
of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any real property or 
facility or for plant or facility acquisition, construction, or 
expansion, and purchase of not to exceed forty-seven passenger motor 
vehicles for replacement only, including not to exceed one ambulance and 
two buses, $3,632,718,000, to remain available until expended.

                         Nuclear Waste Disposal

    For nuclear waste disposal activities to carry out the purposes of 
the Nuclear Waste Policy Act of 1982, Public Law 97-425, as

[[Page 119 STAT. 2273]]

amended (the ``Act''), including the acquisition of real property or 
facility construction or expansion, $150,000,000, to remain available 
until expended, of which $100,000,000 shall be derived from the Nuclear 
Waste Fund: Provided, That of the funds made available in this Act for 
Nuclear Waste Disposal, $2,000,000 shall be provided to the State of 
Nevada solely for expenditures, other than salaries and expenses of 
State employees, to conduct scientific oversight responsibilities and 
participate in licensing activities pursuant to the Act: Provided 
further, That notwithstanding the lack of a written agreement with the 
State of Nevada under section 117(c) of the Nuclear Waste Policy Act of 
1982, Public Law 97-425, as amended, not less than $500,000 shall be 
provided to Nye County, Nevada, for on-site oversight activities under 
section 117(d) of that Act: Provided further, That $7,500,000 shall be 
provided to affected units of local government, as defined in the Act, 
to conduct appropriate activities and participate in licensing 
activities: Provided further, That 7.5 percent of the funds provided 
shall be made available to affected units of local government in 
California with the balance made available to affected units of local 
government in Nevada for distribution as determined by the Nevada units 
of local government: Provided further, That notwithstanding the 
provisions of chapters 65 and 75 of title 31, the Department shall have 
no monitoring, auditing or other oversight rights or responsibilities 
over amounts provided to affected units of local government under this 
heading: Provided further, That the funds for the State of Nevada shall 
be made available solely to the Nevada Division of Emergency Management 
by direct payment and units of local government by direct 
payment: <<NOTE: Deadline. Certification.>> Provided further, That 
within 90 days of the completion of each Federal fiscal year, the Nevada 
Division of Emergency Management and the Governor of the State of Nevada 
shall provide certification to the Department of Energy that all funds 
expended from such payments have been expended for activities authorized 
by the Act and this Act: Provided further, <<NOTE: Lobbying.>> That 
failure to provide such certification shall cause such entity to be 
prohibited from any further funding provided for similar activities: 
Provided further, That none of the funds herein appropriated may be: (1) 
used directly or indirectly to influence legislative action on any 
matter pending before Congress or a State legislature or for lobbying 
activity as provided in 18 U.S.C. 1913; (2) used for litigation 
expenses; or (3) used to support multi-State efforts or other coalition 
building activities inconsistent with the restrictions contained in this 
Act: Provided further, That all proceeds and recoveries realized by the 
Secretary in carrying out activities authorized by the Act, including 
but not limited to, any proceeds from the sale of assets, shall be 
available without further appropriation and shall remain available until 
expended: Provided further, That no funds provided in this Act may be 
used to pursue repayment or collection of funds provided in any fiscal 
year to affected units of local government for oversight activities that 
had been previously approved by the Department of Energy, or to withhold 
payment of any such funds.

                       Departmental Administration

    For salaries and expenses of the Department of Energy necessary for 
departmental administration in carrying out the purposes of the 
Department of Energy Organization Act (42 U.S.C. 7101

[[Page 119 STAT. 2274]]

et seq.), including the hire of passenger motor vehicles and official 
reception and representation expenses not to exceed $35,000, 
$252,817,000, to remain available until expended, plus such additional 
amounts as necessary to cover increases in the estimated amount of cost 
of work for others notwithstanding the provisions of the Anti-Deficiency 
Act (31 U.S.C. 1511 et seq.): Provided, That such increases in cost of 
work are offset by revenue increases of the same or greater amount, to 
remain available until expended: Provided further, That moneys received 
by the Department for miscellaneous revenues estimated to total 
$123,000,000 in fiscal year 2006 may be retained and used for operating 
expenses within this account, and may remain available until expended, 
as authorized by section 201 of Public Law 95-238, notwithstanding the 
provisions of 31 U.S.C. 3302: Provided further, That the sum herein 
appropriated shall be reduced by the amount of miscellaneous revenues 
received during 2006, and any related appropriated receipt account 
balances remaining from prior years' miscellaneous revenues, so as to 
result in a final fiscal year 2006 appropriation from the general fund 
estimated at not more than $129,817,000: Provided 
further, <<NOTE: Deadline. Reports.>> That not later than 90 days after 
the date of the enactment of this Act, the Secretary of Energy shall 
submit to the Committee on Appropriations of the Senate and the 
Committee on Appropriations of the House of Representatives a report, in 
unclassified form but with a classified appendix if necessary, on the 
Department of Energy's plan to bring security for Building 3019 at the 
Oak Ridge National Laboratory, Oak Ridge, Tennessee, into full 
compliance with the Department's Design Basis Threat Policy: Provided 
further, That the report shall include--
            (1) a detailed description of any element of the 
        Department's Design Basis Threat Policy that is not to be fully 
        addressed throughout the remaining lifetime of Building 3019;
            (2) a detailed description of the security implementation 
        plan, including security personnel, perimeter detection 
        capability, response capabilities, use of security technology, 
        and methods of meeting physical standoff requirements;
            (3) a schedule with specific dates describing the milestones 
        to achieve compliance with the Department's Design Basis Threat 
        Policy;
            (4) a security management plan signed by the Secretary of 
        Energy specifying the program secretarial offices responsible 
        for implementing and funding the security program, including any 
        incremental funding requirements to upgrade security levels for 
        the period during the material handling and processing 
        activities leading to complete disposition of the stored 
        inventory of special nuclear material; and
            (5) the justification for failing to fully comply with the 
        Design Basis Threat Policy, if the Secretary does not intend to 
        implement a security program at Building 3019 that fully 
        complies with the Department's Design Basis Threat requirements 
        for new, continuing operations.

                     Office of the Inspector General

    For necessary expenses of the Office of the Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $42,000,000, to remain available until expended.

[[Page 119 STAT. 2275]]

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                National Nuclear Security Administration

                           Weapons Activities

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
incidental expenses necessary for atomic energy defense weapons 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion; and the purchase of 
not to exceed 40 passenger motor vehicles, for replacement only, 
including not to exceed two buses; $6,433,936,000, to remain available 
until expended: Provided, That $81,350,000 is authorized to be 
appropriated for Project 01-D-124 HEU materials facility, Y-12 Plant, 
Oak Ridge, Tennessee: Provided further, That $7,000,000 is authorized to 
be appropriated for Project 05-D-140 Project engineering and design 
(PED), various locations.

                    Defense Nuclear Nonproliferation

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
incidental expenses necessary for atomic energy defense, defense nuclear 
nonproliferation activities, in carrying out the purposes of the 
Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any real property or any 
facility or for plant or facility acquisition, construction, or 
expansion, $1,631,151,000, to remain available until expended.

                             Naval Reactors

    For Department of Energy expenses necessary for naval reactors 
activities to carry out the Department of Energy Organization Act (42 
U.S.C. 7101 et seq.), including the acquisition (by purchase, 
condemnation, construction, or otherwise) of real property, plant, and 
capital equipment, facilities, and facility expansion, $789,500,000, to 
remain available until expended.

                       Office of the Administrator

    For necessary expenses of the Office of the Administrator in the 
National Nuclear Security Administration, including official reception 
and representation expenses not to exceed $12,000, $341,869,000, to 
remain available until expended.

               ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

                      Defense Environmental Cleanup

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
expenses necessary for atomic energy defense environmental cleanup 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including

[[Page 119 STAT. 2276]]

the acquisition or condemnation of any real property or any facility or 
for plant or facility acquisition, construction, or expansion, 
$6,192,371,000, to remain available until expended.

                        Other Defense Activities

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
expenses, necessary for atomic energy defense, other defense activities, 
and classified activities, in carrying out the purposes of the 
Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any real property or any 
facility or for plant or facility acquisition, construction, or 
expansion, and the purchase of not to exceed ten passenger motor 
vehicles for replacement only, including not to exceed two buses; 
$641,998,000, to remain available until expended.

                     Defense Nuclear Waste Disposal

    For nuclear waste disposal activities to carry out the purposes of 
Public Law 97-425, as amended, including the acquisition of real 
property or facility construction or expansion, $350,000,000, to remain 
available until expended.

                     POWER MARKETING ADMINISTRATIONS

                  Bonneville Power Administration Fund

    Expenditures from the Bonneville Power Administration Fund, 
established pursuant to Public Law 93-454, are approved for official 
reception and representation expenses in an amount not to exceed $1,500. 
During fiscal year 2006, no new direct loan obligations may be made.

      Operation and Maintenance, Southeastern Power Administration

    For necessary expenses of operation and maintenance of power 
transmission facilities and of electric power and energy, including 
transmission wheeling and ancillary services pursuant to section 5 of 
the Flood Control Act of 1944 (16 U.S.C. 825s), as applied to the 
southeastern power area, $5,600,000, to remain available until expended: 
Provided, That, notwithstanding 31 U.S.C. 3302, up to $32,713,000 
collected by the Southeastern Power Administration pursuant to the Flood 
Control Act of 1944 to recover purchase power and wheeling expenses 
shall be credited to this account as offsetting collections, to remain 
available until expended for the sole purpose of making purchase power 
and wheeling expenditures.

      Operation and Maintenance, Southwestern Power Administration

    For necessary expenses of operation and maintenance of power 
transmission facilities and of marketing electric power and energy, for 
construction and acquisition of transmission lines, substations and 
appurtenant facilities, and for administrative expenses, including 
official reception and representation expenses in an

[[Page 119 STAT. 2277]]

amount not to exceed $1,500 in carrying out section 5 of the Flood 
Control Act of 1944 (16 U.S.C. 825s), as applied to the southwestern 
power administration, $30,166,000, to remain available until expended: 
Provided, That, notwithstanding 31 U.S.C. 3302, up to $3,000,000 
collected by the Southwestern Power Administration pursuant to the Flood 
Control Act to recover purchase power and wheeling expenses shall be 
credited to this account as offsetting collections, to remain available 
until expended for the sole purpose of making purchase power and 
wheeling expenditures.

 Construction, Rehabilitation, Operation and Maintenance, Western Area 
                          Power Administration

    For carrying out the functions authorized by title III, section 
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other 
related activities including conservation and renewable resources 
programs as authorized, including official reception and representation 
expenses in an amount not to exceed $1,500; $233,992,000, to remain 
available until expended, of which $229,596,000 shall be derived from 
the Department of the Interior Reclamation Fund: Provided, That of the 
amount herein appropriated, $6,700,000 is for deposit into the Utah 
Reclamation Mitigation and Conservation Account pursuant to title IV of 
the Reclamation Projects Authorization and Adjustment Act of 1992: 
Provided further, That of the amount herein appropriated, $6,000,000 
shall be available until expended on a nonreimbursable basis to the 
Western Area Power Administration for Topock-Davis-Mead Transmission 
Line Upgrades: Provided further, That notwithstanding the provision of 
31 U.S.C. 3302, up to $279,000,000 collected by the Western Area Power 
Administration pursuant to the Flood Control Act of 1944 and the 
Reclamation Project Act of 1939 to recover purchase power and wheeling 
expenses shall be credited to this account as offsetting collections, to 
remain available until expended for the sole purpose of making purchase 
power and wheeling expenditures.

            Falcon and Amistad Operating and Maintenance Fund

    For operation, maintenance, and emergency costs for the 
hydroelectric facilities at the Falcon and Amistad Dams, $2,692,000, to 
remain available until expended, and to be derived from the Falcon and 
Amistad Operating and Maintenance Fund of the Western Area Power 
Administration, as provided in section 423 of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995.

                  Federal Energy Regulatory Commission

                          salaries and expenses

    For necessary expenses of the Federal Energy Regulatory Commission 
to carry out the provisions of the Department of Energy Organization Act 
(42 U.S.C. 7101 et seq.), including services as authorized by 5 U.S.C. 
3109, the hire of passenger motor vehicles, and official reception and 
representation expenses not to exceed $3,000, $220,400,000, to remain 
available until expended: Provided, That <<NOTE: 42 USC 7171 
note.>> notwithstanding any other provision of law, not to exceed 
$220,400,000 of revenues from fees and annual charges, and other

[[Page 119 STAT. 2278]]

services and collections in fiscal year 2006 shall be retained and used 
for necessary expenses in this account, and shall remain available until 
expended: Provided further, That the sum herein appropriated from the 
general fund shall be reduced as revenues are received during fiscal 
year 2006 so as to result in a final fiscal year 2006 appropriation from 
the general fund estimated at not more than $0.

                           GENERAL PROVISIONS

                          DEPARTMENT OF ENERGY

    Sec. 301. <<NOTE: Contracts.>> (a)(1) None of the funds in this or 
any other appropriations Act for fiscal year 2006 or any previous fiscal 
year may be used to make payments for a noncompetitive management and 
operating contract unless the Secretary of Energy has published in the 
Federal Register and submitted to the Committees on Appropriations of 
the House of Representatives and the Senate a written notification, with 
respect to each such contract, of the Secretary's decision to use 
competitive procedures for the award of the contract, or to not renew 
the contract, when the term of the contract expires.

    (2) Paragraph (1) does not apply to an extension for up to 2 years 
of a noncompetitive management and operating contract, if the extension 
is for purposes of allowing time to award competitively a new contract, 
to provide continuity of service between contracts, or to complete a 
contract that will not be renewed.
    (b) In this section:
            (1) The term ``noncompetitive management and operating 
        contract'' means a contract that was awarded more than 50 years 
        ago without competition for the management and operation of Ames 
        Laboratory, Argonne National Laboratory, Lawrence Berkeley 
        National Laboratory, Lawrence Livermore National Laboratory, and 
        Los Alamos National Laboratory.
            (2) The term ``competitive procedures'' has the meaning 
        provided in section 4 of the Office of Federal Procurement 
        Policy Act (41 U.S.C. 403) and includes procedures described in 
        section 303 of the Federal Property and Administrative Services 
        Act of 1949 (41 U.S.C. 253) other than a procedure that solicits 
        a proposal from only one source.

    (c) For all management and operating contracts other than those 
listed in subsection (b)(1), none of the funds appropriated by this Act 
may be used to award a management and operating contract, or award a 
significant extension or expansion to an existing management and 
operating contract, unless such contract is awarded using competitive 
procedures or the Secretary of Energy grants, on a case-by-case basis, a 
waiver to allow for such a deviation. The Secretary may not delegate the 
authority to grant such a waiver. <<NOTE: Deadline. Reports.>> At least 
60 days before a contract award for which the Secretary intends to grant 
such a waiver, the Secretary shall submit to the Committees on 
Appropriations of the House of Representatives and the Senate a report 
notifying the Committees of the waiver and setting forth, in 
specificity, the substantive reasons why the Secretary believes the 
requirement for competition should be waived for this particular award.

    Sec. 302. None of the funds appropriated by this Act may be used 
to--

[[Page 119 STAT. 2279]]

            (1) develop or implement a workforce restructuring plan that 
        covers employees of the Department of Energy; or
            (2) provide enhanced severance payments or other benefits 
        for employees of the Department of Energy, under section 3161 of 
        the National Defense Authorization Act for Fiscal Year 1993 
        (Public Law 102-484; 42 U.S.C. 7274h).

    Sec. 303. None of the funds appropriated by this Act may be used to 
augment the funds made available for obligation by this Act for 
severance payments and other benefits and community assistance grants 
under section 3161 of the National Defense Authorization Act for Fiscal 
Year 1993 (Public Law 102-484; 42 U.S.C. 7274h) unless the Department of 
Energy submits a reprogramming request to the appropriate congressional 
committees.
    Sec. 304. None of the funds appropriated by this Act may be used to 
prepare or initiate Requests For Proposals (RFPs) for a program if the 
program has not been funded by Congress.
    Sec. 305. The unexpended balances of prior appropriations provided 
for activities in this Act may be available to the same appropriation 
accounts for such activities established pursuant to this title. 
Available balances may be merged with funds in the applicable 
established accounts and thereafter may be accounted for as one fund for 
the same time period as originally enacted.
    Sec. 306. None of the funds in this or any other Act for the 
Administrator of the Bonneville Power Administration may be used to 
enter into any agreement to perform energy efficiency services outside 
the legally defined Bonneville service territory, with the exception of 
services provided internationally, including services provided on a 
reimbursable basis, unless the Administrator certifies in advance that 
such services are not available from private sector businesses.
    Sec. 307. When the Department of Energy makes a user facility 
available to universities or other potential users, or seeks input from 
universities or other potential users regarding significant 
characteristics or equipment in a user facility or a proposed user 
facility, the Department shall ensure broad public notice of such 
availability or such need for input to universities and other potential 
users. When the Department of Energy considers the participation of a 
university or other potential user as a formal partner in the 
establishment or operation of a user facility, the Department shall 
employ full and open competition in selecting such a partner. For 
purposes of this section, the term ``user facility'' includes, but is 
not limited to: (1) a user facility as described in section 2203(a)(2) 
of the Energy Policy Act of 1992 (42 U.S.C. 13503(a)(2)); (2) a National 
Nuclear Security Administration Defense Programs Technology Deployment 
Center/User Facility; and (3) any other Departmental facility designated 
by the Department as a user facility.
    Sec. 308. Funds appropriated by this or any other Act, or made 
available by the transfer of funds in this Act, for intelligence 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
414) during fiscal year 2006 until the enactment of the Intelligence 
Authorization Act for fiscal year 2006.
    Sec. 309. None of the funds in this Act may be used to dispose of 
transuranic waste in the Waste Isolation Pilot Plant which contains 
concentrations of plutonium in excess of 20 percent by weight for the 
aggregate of any material category on the date of enactment of this Act, 
or is generated after such date. For the purpose of

[[Page 119 STAT. 2280]]

this section, the material categories of transuranic waste from the 
Rocky Flats Environmental Technology Site include: (1) ash residues; (2) 
salt residue; (3) wet residues; (4) direct repackage residues; and (5) 
scrub alloy as referenced in the ``Final Environmental Impact Statement 
on Management of Certain Plutonium Residues and Scrub Alloy Stored at 
the Rocky Flats Environmental Technology Site''.
    Sec. 310. Reno Hydrogen Fuel Project Funding.--(a) The non-Federal 
share of project costs shall be 20 percent.
    (b) The cost of project vehicles, related facilities, and other 
activities funded from the Federal Transit Administration Sections 5307, 
5308, 5309, and 5314 program, including the non-Federal share for the 
FTA funds, is an eligible component of the non-Federal share for this 
project.
    (c) Contribution of the non-Federal share of project costs for all 
grants made for this project may be deferred until the entire project is 
completed.
    (d) All operations and maintenance costs associated with vehicles, 
equipment, and facilities utilized for this project are eligible project 
costs.
    (e) <<NOTE: Applicability.>> This section applies to project 
appropriations beginning in fiscal year 2004.

    Sec. 311. <<NOTE: 50 USC 2791a.>> Laboratory Directed Research and 
Development.--Of the funds made available by the Department of Energy 
for activities at government-owned, contractor-operator operated 
laboratories funded in this Act or subsequent Energy and Water 
Development Appropriations Acts, the Secretary may authorize a specific 
amount, not to exceed 8 percent of such funds, to be used by such 
laboratories for laboratory-directed research and development: Provided, 
That the Secretary may also authorize a specific amount not to exceed 3 
percent of such funds, to be used by the plant manager of a covered 
nuclear weapons production plant or the manager of the Nevada Site 
Office for plant or site-directed research and development: Provided 
further, That notwithstanding Department of Energy order 413.2A, dated 
January 8, 2001, beginning in fiscal year 2006 and thereafter, all DOE 
laboratories may be eligible for laboratory directed research and 
development funding.

    Sec. 312. Of amounts appropriated to the Secretary of Energy for the 
Rocky Flats Environmental Technology Site for fiscal year 2006, the 
Secretary may provide, subject to authorization, up to $10,000,000 for 
the purchase of mineral rights at the Rocky Flats Environmental 
Technology Site.
    Sec. 313. Section 4306 of the Atomic Energy Defense Act (50 U.S.C. 
2566) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2)(A), by striking ``2009'' each 
                place it appears and inserting ``2012''; and
                    (B) in paragraph (3)--
                          (i) in subparagraph (B)(ii), by striking 
                      ``2009'' and inserting ``2012''; and
                          (ii) in subparagraph (C), by striking ``2009'' 
                      and inserting ``2012'';
            (2) in subsection (b)--
                    (A) in paragraph (1)--
                          (i) by striking ``(a)(2)'' and inserting 
                      ``(g)''; and
                          (ii) by striking ``2009'' and inserting 
                      ``2012'';

[[Page 119 STAT. 2281]]

                    (B) in paragraph (4), by striking ``2009'' each 
                place it appears and inserting ``2012''; and
                    (C) in paragraph (5), by striking ``2009'' and 
                inserting ``2012'';
            (3) in subsection (c)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``2009'' and inserting ``2012'';
                    (B) in paragraph (1), by striking ``2011'' and 
                inserting ``2014''; and
                    (C) in paragraph (2), by striking ``2017'' each 
                place it appears and inserting ``2020'';
            (4) in subsection (d)--
                    (A) in paragraph (1)--
                          (i) by striking ``2011'' and inserting 
                      ``2014'';
                          (ii) by striking ``from funds available to the 
                      Secretary'' and inserting ``subject to the 
                      availability of appropriations''; and
                          (iii) by striking ``2016'' and inserting 
                      ``2019''; and
                    (B) in paragraph (2)(A), by striking ``2017'' each 
                place it appears and inserting ``2020'';
            (5) in subsection (e), by striking ``2020'' and inserting 
        ``2023'';
            (6) by redesignating subsection (g) as subsection (h); and
            (7) by inserting after subsection (f) the following:

    ``(g) <<NOTE: Deadline. Reports.>> Baseline.--Not later than 
December 31, 2006, the Secretary shall submit to Congress a report on 
the construction and operation of the MOX facility that includes a 
schedule for revising the requirements of this section during fiscal 
year 2007 to conform with the schedule established by the Secretary for 
the MOX facility, which shall be based on estimated funding levels for 
the fiscal year.''.

    Sec. 314. Sales of Uranium.--(a) In General.--Notwithstanding any 
other provision of Federal law, including section 3112 of the USEC 
Privatization Act (42 U.S.C. 2297h-2) and section 3302 of title 31, 
United States Code, the Secretary of Energy is authorized to barter, 
transfer or sell uranium (including natural uranium concentrates, 
natural uranium hexafluoride, or in any form or assay) and to use any 
proceeds, without fiscal year limitation, to remediate uranium 
inventories held by the Secretary.
    (b) Additional Requirements.--Any barter, transfer or sale of 
uranium under subsection (a) shall to the extent possible, be 
competitive and comply with all applicable Federal procurement laws 
(including regulations); and shall not exceed 10 percent of the total 
annual fuel requirements of all licensed nuclear power plants located in 
the United States for uranium concentrates, uranium conversion, or 
uranium enrichment.
    Sec. 315. Section 130 of division H (Miscellaneous Appropriations 
and Offsets) of the Consolidated Appropriations Act, 2004, Public Law 
108-199, <<NOTE: 118 Stat. 441.>> is hereby amended by striking ``is 
provided for the Coralville, Iowa, project'' and all that follows and 
inserting: ``is provided for the Iowa Environmental and Education 
project to be located in Iowa. No further funds may be disbursed by the 
Department of Energy until a one hundred percent non-Federal cash and 
in-kind match of the appropriated Federal funds has been secured for the 
project by the non-Federal project sponsor: Provided, That the match 
shall exclude land donations: <<NOTE: Expiration date.>> Provided 
further, That if the match is not secured by the non-Federal project

[[Page 119 STAT. 2282]]

sponsor by December 1, 2007, the remaining Federal funds shall cease to 
be available for the Iowa Environmental and Education project.''.

                                TITLE IV

                          INDEPENDENT AGENCIES

                     Appalachian Regional Commission

    For expenses necessary to carry out the programs authorized by the 
Appalachian Regional Development Act of 1965, as amended, for necessary 
expenses for the Federal Co-Chairman and the alternate on the 
Appalachian Regional Commission, for payment of the Federal share of the 
administrative expenses of the Commission, including services as 
authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles, 
$65,472,000, to remain available until expended.

                 Defense Nuclear Facilities Safety Board

                          salaries and expenses

    For necessary expenses of the Defense Nuclear Facilities Safety 
Board in carrying out activities authorized by the Atomic Energy Act of 
1954, as amended by Public Law 100-456, section 1441, $22,032,000, to 
remain available until expended.

                        Delta Regional Authority

                          salaries and expenses

    For necessary expenses of the Delta Regional Authority and to carry 
out its activities, as authorized by the Delta Regional Authority Act of 
2000, as amended, notwithstanding sections 382C(b)(2), 382F(d), and 
382M(b) of said Act, $12,000,000, to remain available until expended.

                            Denali Commission

    For expenses of the Denali Commission including the purchase, 
construction and acquisition of plant and capital equipment as necessary 
and other expenses, $50,000,000, to remain available until expended, 
nothwithstanding the limitations contained in section 306(g) of the 
Denali Commission Act of 1998.

                      Nuclear Regulatory Commission

                          salaries and expenses

    For necessary expenses of the Commission in carrying out the 
purposes of the Energy Reorganization Act of 1974, as amended, and the 
Atomic Energy Act of 1954, as amended, including official representation 
expenses (not to exceed $15,000), purchase of promotional items for use 
in the recruitment of individuals for employment, $734,376,000, to 
remain available until expended: Provided, That of the amount 
appropriated herein, $46,118,000 shall be derived from the Nuclear Waste 
Fund: Provided further, That revenues from licensing fees, inspection 
services, and other services

[[Page 119 STAT. 2283]]

and collections estimated at $617,182,000 in fiscal year 2006 shall be 
retained and used for necessary salaries and expenses in this account, 
notwithstanding 31 U.S.C. 3302, and shall remain available until 
expended: Provided further, That the sum herein appropriated shall be 
reduced by the amount of revenues received during fiscal year 2006 so as 
to result in a final fiscal year 2006 appropriation estimated at not 
more than $117,194,000: Provided further, That section 6101 of the 
Omnibus Budget Reconciliation Act of 1990 <<NOTE: 42 USC 2214.>> is 
amended by inserting before the period in subsection (c)(2)(B)(v) the 
words ``and fiscal year 2006''.

                       office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $8,316,000, to remain available until expended: Provided, That 
revenues from licensing fees, inspection services, and other services 
and collections estimated at $7,485,000 in fiscal year 2006 shall be 
retained and be available until expended, for necessary salaries and 
expenses in this account, notwithstanding 31 U.S.C. 3302: Provided 
further, That the sum herein appropriated shall be reduced by the amount 
of revenues received during fiscal year 2006 so as to result in a final 
fiscal year 2006 appropriation estimated at not more than $831,000.

                  Nuclear Waste Technical Review Board

                          salaries and expenses

    For necessary expenses of the Nuclear Waste Technical Review Board, 
as authorized by Public Law 100-203, section 5051, $3,608,000, to be 
derived from the Nuclear Waste Fund, and to remain available until 
expended.

                                 TITLE V

                           GENERAL PROVISIONS

    Sec. 501. None of the funds appropriated by this Act may be used in 
any way, directly or indirectly, to influence congressional action on 
any legislation or appropriation matters pending before Congress, other 
than to communicate to Members of Congress as described in 18 U.S.C. 
1913.
    Sec. 502. None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in this Act or any other appropriation Act.

[[Page 119 STAT. 2284]]

    This Act may be cited as the ``Energy and Water Development 
Appropriations Act, 2006''.

    Approved November 19, 2005.

LEGISLATIVE HISTORY--H.R. 2419:
---------------------------------------------------------------------------

HOUSE REPORTS: Nos. 109-86 (Comm. on Appropriations) and 109-275         
 
(Comm. of Conference).
SENATE REPORTS: No. 109-84 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 151 (2005):
            May 24, considered and passed House.
            June 30, considered and passed Senate, amended.
            Nov. 9, House agreed to conference report.
            Nov. 14, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 41 (2005):
            Nov. 19, Presidential statement.

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